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CC RESOLUTION 5556RESOLUTION NO. 5556 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EL SEGUNDO ESTABLISHING FEES FOR THE COSTS INCURRED BY THE CITY FOR AB 1646 COMPLIANCE. 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"), the El Segundo Fire Department ("ESFD") is responsible for administering and enforcing the CUPA Program, and the City's 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. Pursuant to Government Code § 66016, the City made data available regarding the cost, or estimated costs related to the fees 10 days before the public hearing at which the City Council considered adopting the proposed fees; such data is attached to this Resolution as Exhibit "A"; G. Pursuant to Government Code §§ 6062a and 66018, the City duly published notice of this public hearing; H. On September 2, 2025, the City Council heard public testimony and considered evidence in a public hearing held and noticed in accordance with Government Code § 66016; and Resolution No. 5556 Page 1 of 4 The fees, in the amounts set forth in Exhibit 'A," are less than or equal to, but in no event greater than, the actual direct and indirect costs and expenses incurred by the City in performing the services connected with such fees. SECTION 2. Fee Adoption; Authorizations. A. The City Council hereby adopts the fees set forth and described in the spreadsheet attached hereto as Exhibit "A" to this Resolution, which is incorporated herein by this referfence. Such fees shall become effective immediately upon adoption of this Resolution. The fees described in the attached data are estimated fees as some incidents may exceed four hours in which case the refinery located within the City, as the party subject to the adopted fees, will be billed the fully burdened rate for the actual hours worked by the individuals referenced in the data who provide services during the incident. B. The refinery located within the City, as the party 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 and paid by the subject party, 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. E. The City Manager or designee is authorized to take any action necessary to effectuate 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 Resolution No. 5556 Page 2 of 4 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. Severability. The City Council hereby declares that should any one or more fees established by this Resolution or any portion of this Resolution be declared for any reason to be invalid, it is the intent of the City Council that it would have adopted all other fees and portions of this Resolution independent of the elimination herefrom of any such fee or such portion as may be declared invalid. SECTION 5. 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 6. Signature Authority. The Mayor 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 7. Effective Date. This Resolution will take effect immediately upon adoption and will remain effective unless repealed or superseded. SECTION & 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 2"d day of September, 2025. ATTEST:. Susan tUdityrk APPROVED AS TO FORM: Mark D. Hensley, City Attorney Chris Pimentel, Mayor Resolution No. 5556 Page 3 of 4 CERTIFICATION STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS CITY OF EL SEGUNDO ) I, Susan Truax, 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. 5556 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 2nd day of September 2025, and the same was so passed and adopted by the following roll call vote: AYES: Mayor Pimentel, Mayor Pro Tem Baldino, Council Member Boyles, Council Member Giroux and Council Member Keldorf NOES: None ABSENT: None ABSTAIN: None WITNESS MY HAND THE OFFICIAL SEAL OF SAID CITY this 2"d day of September, 2025. A Attachment — Exhibit "A" AB 1646 Annual Ongoing Fee --SuWn Tr j x, City Clerk of the City of El Segundo, California Resolution No. 5556 Page 4 of 4 Exhibit A - AB 1646 Annual/OngoingAnnual/Ongoing Fee Administrative Personnel Fully Meeting', Cdeis Administrative Total Hours Billing Information: Administraive t Burdened Hours Communleenana Task Hours Personnel Cost: Commxtee Environmental Safety $264.47 12 1 4 16Inter-Agency refinery task force meeting 2x per year x4 hours per meeting =8 hours. Refinery 4,231.52 Manager S€ meeting w/CUPAs 1 x per year For 4 hours- Total Meeting Hours =12 hours. Oversee AS1646 billing and annual fee transfer to Local ImptementingAgency (LIA) = 4 Administrative Task Hours, '.. 'Total Environmental Safety Manager hours =16 x 239.51. Emergency Management 1 $136.43 26 9 35 Inter -Agency refinery task force meeting 2x per year x4 hours per meeting=8 hours. South Bay j 4,774.94 Coordinator Alerttraining 2 hours per month x 9 months = 18 hours. Total Meeting Hours = 32 hours. Crisis .communications committee 1 hour per month = 9 hours. Note: EMC meeting+ committee hours ' '.startin October. 2025. Total Emergency Management Coordinator hours =44 x 123.55. :Management Analyst $187.50 i 18 1B JComplete monthly billing and payment collection for watch center and associated AB1646 fees 3,374.95 [B Transfer annual fee to (LIA). 2 hours per month x9 months =18 hours + 2 hours for budget i transfer. = 24 Admin. Task hours. Note: ManagementAnalystAdministrative hours start in S 1 ( 'October,2025 Total Management Analyst hours=1Bx 169.80. TOTAL ADMINISTRATIVE PERSONNEL COST; !Z3111,47 2417 Community Watch Stand -By Rate Watch Training Hours Incident Fee Total Hours Billinglnformation: CommunityWatch Center Personnel Center Center Personnel Battalion Chief $141.06 i 1040 1040 Deily community watch center personnel will be the Fire Chief end l Battalion Chief. Stand-by fee is 146,718.64 calculated as follows:4 hours x 260 days= 1040 Annual hours per staff member for FY 25-26. Billing ;period: l0/13/25 (anticipated start date) to 6/30/26. Battalion Chief: 1040 hours x 141.08=$146,718 64 1 Fire Chief: 1040 hours x $0.00 = $0- FireChief ) $0.00 1040 1040 The Fire Chief is exempt from overtime and willwork stand-by duty as needed- There will be no 0.00 chargeforthis position. Exercise&Training: Two $14108 36 36 South Bay Alert notification system and incident training. 2 hours permonth x9 monthsfor2 5,078.72 Battalion Chiefs v Battalion Chiefs = 36 total training hours. Note: Training hours startin October, 2025. E Incidentfse for ongoing 4,000.00 - Fire Chief and Battalion Chief hours for ongoing communication during an incident. Feemaybe 4,000.00 communication during an less than, but not to exceed $4,000. Fee will only be charged in the event of an incident(s) and incident.. will be billed based on the stand-by rate of the personnel assigned to incident communication. TOTAL 24/7 COMMUNITY WATCH CENTER PERSONNEL COST., 1551797t37 Ongoing Community Alert FY25-26Coat ; Total Cost Information: CommunityAlert System, Network Charges, JaRting System, Network, and Start-up Cost and Start-up Cost: Alert South Bay $13,000.00 _ 13,000.00 Integrated alert and notification system to alert and notify the community surrounding a 13.000.00 petroleum refinery including schools, public facilities, hospitals, transient and special needs populations, and residential care homes in the event of an incident at the refinery warranting the € 3 use of the automatic notification system. Alerts and communications shall have an audible alarm and sent by calls to land lines and cell phones, text message, social media, email, Nixie, Everbridge mobile app, Slack, Microsoft Teams, the Integrated Public Alert and Warning System (PAWS), and new technologies as developed, In addition, National Weather Service alerts to National and Atmospheric administration radios can be activated as needed. The area of the: ' community to be alerted is determined by the local implementing agency and can be selected by geofence alert. Pricing may be Less than, but not to exceed $13,000 based on forecasted FY 25-26 cost. 24/7 Watch Center $44,000.00 44,000.00 Networking/Telecommunications equipment. 4 satellite phones, 4iPads, 4 MDC laptops, 4 44,000.00 Equipment € ''''.5tarlinkwireless routers, and related charging/case equipment. Equipment charge will be invoiced after equipment has been purchased. Fee may be Less than, but notto exceed 3 1€[ 144,000.00. This Is a one-time start up costfor FY 25-26. €€ I 24/7 Watch Center Data and $12,000.00 12,000.00 ]Cellular/network data forwatch center equipment. Fee may be less than, but notto exceed 12,000.00 Network charges I $12,000.00. TOTAL COMMUNITY ALERT SYSTEM AND STARTUP COST- 69.000.00 *TOTAL FY 25-. 237.17&.78, '� Subsequent years wilt be adjusted by the Los Angeles ALL Urban Consumer Price Index on July 1st of each year and updated fully bllydennatf rates